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A Case Study of State and Law in the Interwar Period: the Three Historic Criminal Trials of Bishop of Paphos Leontios During

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A Case Study of State and Law in the Interwar Period: the Three Historic Criminal Trials of Bishop of Paphos Leontios During Athens Journal of Law - Volume 6, Issue 1, January 2020 – Pages 75-102 A Case Study of State and Law in the Interwar Period: The Three Historic Criminal Trials of Bishop of Paphos Leontios during the British Rule in Cyprus (1932, 1938, 1939) By Harry Stamelos* In 1932, 1938 and 1939 three criminal trials of Bishop of Paphos Leontios took place in Cyprus. There were not just three trials. There were the outcomes of a wide movement of Greek Cypriots against the British Rule. At first, we shortly refer to the 4.000 years history of Cyprus, the biographical elements of Bishop Leontios with a short notice on the three trials, and in detail the historic and political context of the Interwar Period in Cyprus. Then, we will analyse the three historical criminal trials of Bishop of Paphos Leontios. Keywords: British Cyprus; Interwar Period; Bishop Leontios; Criminal trials Introduction: Cyprus from 2nd Millennium BC to the 21st Century Cyprus is an island country in the Eastern Mediterranean located south of Turkey, west of Lebanon, northwest of Israel, north of Egypt, and southeast of Greece. Cyprus was settled by Mycenaean Greeks in two waves in the 2nd millennium BC who established twelve Ancient Cypriot Kingdoms1 after the Trojan War. Cypriot Kings paid taxes to the heads of the empires of the Assyrians, Egyptians and Persians, from whom the island was seized in 323 BC by Alexander the Great. Subsequent rule by Ptolemaic Egypt, the Classical and Eastern Roman Empire (30 BC-323), the Byzantine Empire (324-1191), the French Lusignan dynasty (1192-1489) and the Venetians (1489-1571), was followed by over three centuries of Ottoman rule between 1571 and 1878 (de jure until 1914). Cyprus was placed under the UK‟s administration based on the Cyprus Convention in 1878 (Berlin, June 4) and was formally annexed by the UK in 1914 (as a British Protectorate) and unilaterally annexed military occupation (1914- 1922). From 1922 to 1960 Cyprus was a British Crown Colony. While Turkish Cypriots made up 18% of the population, the majority Greek Cypriot population and its Greek Orthodox Church had been pursuing Union with Greece (called „Enosis‟), which became a Greek national policy in the 1930s, 1940s, and 1950s. Following riots and armed revolutionary acts of the Greek Cypriots in the 1950s (under the Cypriot Organization called „EOKA‟), Cyprus was granted indepen- dence in 1960. On 15 July 1974, a coup d’état was staged by Greek Cypriot * LL.B., LL.M. (EU law), LL.M. (History of the Law), PhD Scientific Collaborator, School of Law, European University Cyprus, Engomi, Nicosia, Cyprus. E-mail: [email protected]. 1Stamelos (2019) at 121. https://doi.org/10.30958/ajl.6-1-5 doi=10.30958/ajl.6-1-5 Vol. 6, No. 1 Stamelos: A Case Study of State and Law in the Interwar Period… nationalists and elements of the Greek military junta in an attempt at Enosis, the incorporation of Cyprus into Greece. This action precipitated the Turkish invasion of Cyprus on 20 July 1974, which led to the illegal invasion and illegal capture of the present-day territory of Northern Cyprus in the following month, after a ceasefire collapsed, and the displacement of over 150,000 Greek Cypriots and 50,000 Turkish Cypriots. A separate Turkish Cypriot state in the north was illegally established by unilateral declaration in 1983; the move was condemned by the international community, with Turkey alone recognizing the new state. These events and the resulting political situation are matters of a continuing dispute. The Republic of Cyprus has de jure sovereignty over the entire island, including its territorial waters and exclusive economic zone, with the exception of the UK Sovereign Base Areas of Akrotiri and Dhekelia, which remain today under the UK‟s control according to the London and Zürich Agreements. However, the Republic of Cyprus is de facto partitioned into two main parts: the area under the effective control of the Republic, located in the south and west, and comprising about 59% of the island‟s area; and the north, administered by the self-declared illegal and not recognized Turkish Republic of Northern Cyprus, covering about 36% of the island‟s area. Another nearly 4% of the island‟s area is covered by the UN buffer zone. The international community considers the northern part of the island as territory of the Republic of Cyprus occupied by Turkish forces. The occupation is viewed as illegal under international law, amounting to illegal occupation of EU territory since Cyprus became a member of the European Union. The Republic of Cyprus has been a member of the Commonwealth since 1961 and joined the European Union on 1 May 2004. On 1 January 2008, the Republic of Cyprus joined the Eurozone. Bishop of Paphos Leontios (1896-1947) and a Short Introduction on His Three Trials Before we examine the historic facts of the era of the three criminal trials of Bishop Leontios2 (1932, 1938, and 1939) and the specific data of the trials, we should first mention the biographical data of Leontios in order to reveal his background and a short notice on his three criminal trials. Leontios3 was born in Limassol in 1896. At the age of 17, he became a monk and at the age of 23, he was ordained a Cypriot Greek Orthodox Deacon in Limassol. He went to Athens, studied at the Theological School of the National and Kapodistrian University, and received his degree in Theology at the age of 27. 2Bishop Leontios was Locum Tenens for the Archbishop‟s Throne/See (Acting Archbishop). We refer equally to Bishop Leontios or Locum Tenens or defendant or Acting Archbishop hereinafter. 3Leontios, who full name was Leontios Savvas, was Bishop of Paphos in Cyprus from 1930 to 1947. One should not mix him with another Bishop Leontios, who was the Bishop of Neapolis in Cyprus at the first half of the seventh century. See. Hadjichristodoulou (2004). 76 Athens Journal of Law XY He then returned to Cyprus where he was appointed Professor of Theology at the Pancyprian Christian Cypriot Greek Orthodox Theological School (Seminary) in Larnaca, while he was a Preacher in Church Area called „Metropolis‟ of Paphos. In 1927 he continued his studies in the USA at the Theological Academy in New York, where he received his master‟s degree in Theology. In 1930, while still in the USA, he was elected Bishop of Paphos at the age of 34 and, returned to Cyprus, where he was ordained Presbyter in Nicosia and took office as Bishop of Paphos thereafter. Leontios represented Cyprus in important theological Conventions in Lambeth in 1930, in London in 1931 and in Bonn in the same year. When the Greek Cypriot riots against the Britons broke out in October 1931, Leontios was out of Cyprus. Following those riots, the British colonial government with difficulty and after much hesitation finally allowed Leontios to return to Cyprus. Upon the death of Archbishop Kyrillos of Cyprus on 16 November 1933, Leontios became the Locum Tenens (Acting Archbishop) of the Archiepiscopal See, whilst on 13 September 1933 he had already become an Acting Bishop of the Church Area „Metropolis‟ of Kition due to the death of the exiled Bishop Kition Nicodemos Mylona. In November 1941 Bishop Leontios led the Cyprus mission in Athens and in London. Five years later, in 1946, at the age of 50, he moved to London, at the age of 50 years, where he called for the Union of Cyprus with Greece („Enosis‟). The British government denied Leontios any chance for the Union of Cyprus with Greece4. Bishop Leontios was elected Archbishop of Cyprus on 20 June 1947. On 16 July 1947, he addressed the Greek Cypriots and was asked to abstain from the Consultative Assembly convened by the Government. Bishop Leontios died on 26 July 1947, at the age of 51 years, thirty-seven days after he had been elected as Archbishop. There were rumours that his death was not of natural causes, but the true cause of death was never investigated. Before becoming Archbishop of Cyprus, Bishop Leontios had been prosecuted and sentenced three times for acts that the British colonial government considered to have created the possibility of „disfavour‟ against the UK King and the Local government (1932), and the public peace (1938 and 1939). Leontios indeed made a strong effort to prevent government intervention in the ecclesiastical issues of Cyprus and his tireless stance resulted in the abolition, after post-war, of the laws of 1937 concerning the election of an Archbishop. Bishop of Paphos Leontios, an advocate („Enosist‟5) of the Union of Cyprus with Greece („Enosis‟), was tried during the British domination by the British courts in Cyprus in 1932, in 1938 and in 1939. Initially, in 1932, pursuant to the Defence for Certain Possessions Order, he was tried for a breach of peace and was ordered to pay 250 British Pounds as a warranty, whilst he was not ordered to mandatorily stay in Paphos, in the sense of his compulsory residence in Paphos, as later. 4Pafitou (2010) under Sec. 1946. 5Ioannides (2019) at 230. 77 Vol. 6, No. 1 Stamelos: A Case Study of State and Law in the Interwar Period… In 1938, pursuant to Law 30/1935 provisions, Leontios was ordered by the court to mandatorily reside in Paphos. In 1939 (May 15), pursuant to Law 30/1935, Deputy Marshal Ashmore who was the Prosecutor, accused Bishop of Paphos Leontios as follows, asking for his trial before the appropriate Court6: „The police officer submitted an application on behalf of the police and requested a court order to be issued against Leontios Sava, Bishop of Paphos who is an English national.
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